The Access to Information Programme and the Association of European Journalists – Bulgaria call on Nova TV to drop the lawsuit filed against Associate Professor Svetlana Bozhilova and the journalist Kalin Manolov.

 

It is perplexing that Nova TV has chosen this particular way to protect its reputation, given that the TV has access to various other instruments. It could have requested a right of reply during Manolov's show or submitted a complaint to the Ethics Commission for Journalists. We must not forget that this is the most-watched television channel in the country, part of a major media group, which also has the ability to respond through its own platforms and reach a much broader audience than that of the show in question.

 

It is important to note that the lawsuit was filed by a legal entity claiming non-pecuniary damages. The position of the Access to Information Programme and the Association of European Journalists – Bulgaria is that courts and legislation should not permit the awarding of compensation for non-pecuniary damages to entities that are not natural persons. Non-pecuniary harm relates to attributes inherent only to human beings, not to companies or other legal entities. If this legal practice shifts to allow such awards for businesses and state bodies, it would open the door wide to judicial repression against journalists and activists.

 

Filing a lawsuit against journalists and media experts — even for the symbolic amount of one lev — can have a chilling effect on future discussions and analyses of media ownership in Bulgaria and on the influence that political figures, such as the mentioned Delyan Peevski and Boyko Borissov, may or may not exert over the media. Creating such a chilling effect on other journalists is one of the defining characteristics of so-called “SLAPPs” (Strategic Lawsuits Against Public Participation).

 

Finally, we are particularly concerned that a SLAPP suit, which could result in a restriction of freedom of expression, is being filed by a media outlet — one that should instead embody the broad-mindedness and appreciation of the fundamental importance of free speech in any democratic society.

 

Today, July 2, marks the European Day of Action Against SLAPPs. We take this opportunity to urge Nova TV to withdraw its lawsuit.